HomePreventive Request to Interpol
Interpol Red Notice is a serious measure that acts as a restriction for individuals suspected or accused of committing a crime within the territory of an Interpol member state. If you’re concerned that an Interpol Red Notice might be issued against you, don’t to wait. You should consider submitting a preemptive request. Our solicitors have all the necessary knowledge and experience with preemptive requests and can represent your interests in matters related to Interpol.
What is a Preventive Request to Interpol?
A preventative request is a mechanism for blocking the unlawful inclusion of an individual in international search databases. If you have reason to believe that law enforcement agencies might add your details to Interpol’s international database, you should submit this request and address the potential risks associated with Interpol. Failing to utilise Interpol’s preventative request could result in your arrest when attempting to cross borders, followed by extradition. You could also be denied banking services and employment opportunities. After submitting the request, if the requesting country seeks to issue a red notice or any other alert, it will be blocked by Interpol’s General Secretariat. Interpol’s preventative request is relevant in the following situations:
- you have become aware of a warrant for your arrest issued without your participation;
- the investigative authorities have submitted an application to the court for the imposition of a restraining measure against you or are planning to do so;
- you have suspicions or information regarding a criminal case against you, but you are unaware of your status in it and its progress.
You can personally submit a preventative request to Interpol, but it’s advisable to consult a solicitor to avoid any potential mistakes. Our legal experts specialise not only in removing red notices but also in handling preventative requests.
Important note
The Commission for the Control of Interpol’s Files (CCF) Statute does not employ the term “preventive request”. Such a notification is understood as a request in which the requesting party asks Interpol not to process future requests, data in its files, even if there are currently no such files in Interpol’s possession, citing that it would violate the organisation’s rules. The requesting party may provide information which, in their opinion, substantiates that processing such data would breach Interpol’s rules. Upon receiving such requests, the Commission forwards them and the provided information to the General Secretariat for Interpol to take preventive measures. The Commission informs the requesting party that the submission has been forwarded to the General Secretariat. The CCF will not undertake any further steps regarding the verification of data received after the date of request unless the requesting party submits a separate application for access to data and/or correction or deletion of data. In this instance, the Commission will consider the application in accordance with its rules and procedures.
The Role of Commission for the Control of Interpol’s Files (CCF)
The Commission for the Control of INTERPOL’s Files (CCF) ensures the processing of personal data and its compliance with applicable rules. The CCF holds a central position within INTERPOL’s structure, undertaking the task of legal oversight over its databases. This body was established to protect human rights and guarantees that data processing within INTERPOL occurs in strict accordance with established rules and norms. The CCF processes complaints about the unlawful use of information, overseeing the adherence to these rules within INTERPOL. Its primary function is associated with the assessment of preventative requests. The Commission analyses these requests to verify their compliance with international legal standards and the observance of human rights.
How to Submit a Preventative Request?
The process of submitting a preventative request to Interpol involves several stages. You should seek the assistance of a solicitor at each one to avoid any potential inaccuracies and mistakes. To submit a preventative request to Interpol, you need to:
- Prepare the text of your request. You need to gather information about yourself that is relevant to the request. A solicitor will help you properly format the text of your request. You should collect all the evidence that supports the validity of your request.
- Conduct a legal assessment of the request. After gathering the necessary evidence, a legal evaluation of its admissibility and reliability is required. The solicitor will check their compliance with national and international standards.
- Submit a request. You should submit a request to the File Control Commission (CCF). The assistance of a solicitor involves ensuring all the formalities of such an action are adhered to.
- Await Interpol’s review of the request. The submitted request is being considered by the Interpol Commission for the Control of Files (CCF). At this stage, the solicitor will provide further clarifications if necessary.
- Ensure the request is properly assessed by the Commission for the Control of Files (CCF). The Commission will review your request for compliance with human rights and Interpol’s internal regulations. A solicitor will protect your rights throughout this process and from any infringements.
- Ensure that the decision is made and carried out. Should your request be approved, it must be executed by the relevant Interpol authority. At this stage, a solicitor will oversee the fulfilment of the request.
Solicitors play a crucial role at all stages of submitting a preventative request to Interpol. Their assistance is essential from preparing the text and legal assessment, to the implementation of Interpol’s preventative measures.
What Details are Required?
To ensure a preventative request to Interpol is processed and fulfilled, it must contain the necessary information. To achieve this, it’s essential to consider the presence of details within such a request:
- Identification details: your full name and surname, date and place of birth, nationality, photographs;
- Reason for request: A detailed description of the circumstances and reasons for submitting the request is needed. This includes information about any potential threats to you or other situations that require attention;
- Legal basis of the request: this should specify the national or international laws, standards, and agreements that justify the legal aspect of the request. This should also include norms that confirm the request complies with Interpol’s rules.
- The purpose of the preventative request: you should describe the actions you wish to undertake. This should include the expected outcomes you aim to achieve with the request.
- Data protection and privacy measures: it should be noted that data protection compliance is observed in relation to personal information provided as part of the request. Consent for the processing of personal data in accordance with Interpol’s regulations should also be included.
The procedure for preparing a preventative request to Interpol requires adherence to the aforementioned details. To ensure their presence, you will need the assistance of an experienced solicitor who will help you verify that all the request’s requirements are met and comply with national and international regulations.
Can the CCF Reject my Request?
The Commission for the Control of Interpol’s Files (CCF) plays a pivotal role in handling preventive requests, ensuring compliance with regulations and the protection of human rights. Depending on the content and context of the preventive request, the Commission may make one of the following decisions:
- Preventing the issuance of a notice. If the publication of a notice could infringe upon human rights or contravene Interpol’s standards, the Commission takes action to prevent such publication, thereby protecting individual rights.
- Notification removal. If circumstances or information indicate that an individual no longer poses a threat, the CCF may remove the notification by updating the person’s status in accordance with current data.
If a preventive request to Interpol does not contain sufficient data for consideration or falls outside the commission’s authority, the CCF will reject the request. This ensures that all processes are strictly according to the rules, guaranteeing compliance with human rights.
Which of our lawyers work with Interpol Preventive Requests?
Dmytro Konovalenko, is a lawyer with many years of experience in dealing with the Interpol preventive requests and Red Notices removal. Dmytro has successfully challenged Interpol Noticesfor clients from Europe, Asia, the Far East.
Anatoliy Yarovyi, lawyer, Doctor of Laws. Anatoliy specializes in preventive requests, he appeals against INTERPOL Red Notices and extradition requests.
Legal Assistance During the Process
Our solicitors will provide you with professional support on matters related to Interpol. We specialise in preventative enquiries and possess all the necessary knowledge and experience to resolve the most complex situations. By turning to us, you will receive:
- Experts in international law. Our solicitors are professionals with profound knowledge and experience in working with Interpol.
- Continuous support. Our solicitors provide assistance at every stage of the process, offering everything necessary to resolve your situation.
- Managing communication with Interpol. We will take on the communication with Interpol to make this process easier for you.
- Confidentiality and data protection. We guarantee the protection of your personal information with the utmost reliability.
When dealing with Interpol, you need the assistance of an experienced solicitor. At Intercollegium, you will find only qualified professionals ready to defend your interests. Please don’t hesitate to reach out to us – we’re here to help you.
What is a preventive request to Interpol?
A preventive request to Interpol is a formal submission made to Interpol to prevent the issuance of a Red Notice or Diffusion against the individual based on illegitimate charges.
Who can file a preventive request with Interpol?
Individuals who believe they are at risk of unjust or politically motivated charges being used to request an Interpol Red Notice can file a preventive request. Legal representatives can also file on behalf of their clients.
How does a preventive request protect me from potential misuse of Interpol’s system?
A preventive request alerts Interpol to the risk of misuse of its system, prompting them to scrutinize any subsequent notice or diffusion requests against the individual. This can prevent the issuance of an unjust Red Notice or Diffusion based on political, discriminatory, or otherwise improper charges.
How do I know if a preventive request has been successful?
You will be notified by Interpol if your preventive request has been reviewed and accepted. If Interpol determines that your concerns are valid, they will apply heightened scrutiny to any future requests concerning you. There is no absolute guarantee, but the request may reduce the risk of a notice being issued.
Can a preventive request be submitted retroactively after a notice is issued?
No, a preventive request is intended to stop a notice from being issued in the first place. If a Red Notice has already been issued, a separate process—such as a request for removal or review—must be followed to challenge it.
Can a preventive request stop a Red Notice from being issued against me?
While a preventive request does not guarantee that a Red Notice will be blocked, it encourages Interpol to scrutinize the request more thoroughly and may prevent the issuance of a notice if the charges are found to be politically motivated or otherwise unjust.
